Text of FL H 477 (2010)

HB 477 1A bill to be entitled 2An act relating to domestic partnerships; amending ss. 328.101 and 28.24, F.S.; setting forth fees and costs to be 4applied when petitioning for a dissolution of a domestic 5partnership or registering a domestic partnership, 6respectively; amending s. 97.1031, F.S.; providing notice 7to the supervisor of elections concerning a change of name 8due to participation in a domestic partnership; creating 9s. 220.121, F.S.; providing applicability of domestic 10partnerships to state tax laws; amending s. 382.002, F.S.; 11defining the term "dissolution of a domestic partnership" 12for purposes of vital records; including domestic 13partnerships and dissolution of domestic partnership as 14vital records in this state; conforming cross-references; 15amending s. 382.003, F.S.; requiring the Department of 16Health to examine all certificates of domestic partnership 17forms and dissolution of domestic partnership reports sent 18from the courts; amending s. 382.0085, F.S.; conforming a 19cross-reference; amending s. 382.021, F.S.; requiring the 20clerk of the circuit court to transmit all original 21declarations of domestic partnership to the Department of 22Health by a specified date each month; amending s. 23382.022, F.S.; requiring the clerk of the circuit court to 24collect a fee after registering a domestic partnership; 25amending s. 382.023, F.S.; requiring the clerk of the 26circuit court to collect a fee upon filing a final 27judgment for a dissolution of domestic partnership; 28amending s. 382.025, F.S.; authorizing the Department of 29Health to issue a certified copy of certain vital records 30to a domestic partner; amending s. 382.0255, F.S.; 31providing that the Department of Health is entitled to a 32specified fee for the issuance of a commemorative 33certificate of domestic partnership; amending s. 446.50, 34F.S.; requiring that certain fees relating to declarations 35of domestic partnership and dissolution of domestic 36partnership filings be deposited in the Displaced 37Homemaker Trust Fund; amending s. 741.28, F.S.; redefining 38the term "family or household member" in the context of 39domestic violence to include a domestic partnership; 40creating s. 741.501, F.S.; providing legislative findings; 41creating s. 741.502, F.S.; defining terms; creating s. 42741.503, F.S.; requiring the Department of Health to 43create and distribute the Declaration of Domestic 44Partnership and Certificate of Registered Domestic 45Partnership forms to each clerk of the circuit court; 46requiring the department and each clerk of the circuit 47court to make the Declaration of Domestic Partnership form 48available to the public; creating s. 741.504, F.S.; 49providing that the circuit court has jurisdiction over 50domestic partnership proceedings; requiring the clerk of 51the circuit court to maintain a domestic partnership 52registry; providing that the registry is a public record; 53creating s. 741.505, F.S.; requiring two individuals who 54wish to become partners in a domestic partnership to 55complete and file a Declaration of Domestic Partnership 56form with the clerk of the circuit court; specifying the 57required contents of the completed form; providing that 58each partner who signs the form consents to the 59jurisdiction of the circuit court for certain specified 60purposes; providing that if a person files an 61intentionally and materially false form, he or she commits 62a misdemeanor of the first degree; providing criminal 63penalties; requiring the clerk of the circuit court to 64register the Declaration of Domestic Partnership in a 65domestic partnership registry and issue a Certificate of 66Registered Domestic Partnership; creating s. 741.506, 67F.S.; authorizing the domestic partners to retain 68surnames; creating s. 741.507, F.S.; providing that any 69privilege or responsibility granted or imposed by statute, 70administrative or court rule, policy, common law, or any 71other law to an individual because the individual is or 72was related to another by marriage, or is a child of 73either of the spouses, is granted on equivalent terms to 74domestic partners or individuals similarly related to 75domestic partners; providing that the act does not require 76or permit the extension of any benefit under a retirement, 77deferred compensation, or other employee benefit plan, if 78the plan administrator reasonably concludes that the 79extension of benefits to partners would conflict with a 80condition for tax qualification of the plan, or a 81condition for other favorable tax treatment of the plan, 82under the Internal Revenue Code; creating s. 741.508, 83F.S.; specifying prohibited or void domestic partnerships; 84creating s. 741.509, F.S.; requiring that the clerk of the 85circuit court collect certain fees for receiving a 86Declaration of Domestic Partnership; authorizing the clerk 87of the circuit court to accept installment payments from 88individuals who are unable to pay the fees in a lump sum; 89creating s. 741.510, F.S.; providing methods to prove the 90existence of a registered Declaration Domestic Partnership 91when the certificate document has been lost or is 92otherwise unavailable; reenacting ss. 921.0024(1)(b) and 93943.171(2)(b), F.S., relating to the worksheet form for 94the Criminal Punishment Code and the basic skills training 95for domestic violence cases, respectively, to incorporate 96the amendments made to s. 741.28, F.S., in references 97thereto; providing an effective date. 98 99Be It Enacted by the Legislature of the State of Florida: 100 101 Section 1. Section 28.101, Florida Statutes, is amended to 102read: 103 28.101 Petitions and records of dissolution of marriage 104and domestic partnership; additional charges.- 105 (1) When a party petitions for a dissolution of marriage 106or dissolution of domestic partnership, in addition to the 107filing charges in s. 28.241, the clerk shall collect and 108receive: 109 (a) A charge of $5. On a monthly basis, the clerk shall 110transfer the moneys collected pursuant to this paragraph to the 111Department of Revenue for deposit in the Child Welfare Training 112Trust Fund created in s. 402.40. 113 (b) A charge of $5. On a monthly basis, the clerk shall 114transfer the moneys collected pursuant to this paragraph to the 115Department of Revenue for deposit in the Displaced Homemaker 116Trust Fund created in s. 446.50. If a petitioner does not have 117sufficient funds with which to pay this fee and signs an 118affidavit so stating, all or a portion of the fee shall be 119waived subject to a subsequent order of the court relative to 120the payment of the fee. 121 (c) A charge of $55. On a monthly basis, the clerk shall 122transfer the moneys collected pursuant to this paragraph to the 123Department of Revenue for deposit in the Domestic Violence Trust 124Fund. Such funds which are generated shall be directed to the 125Department of Children and Family Services for the specific 126purpose of funding domestic violence centers. 127 (d) A charge of $32.50. On a monthly basis, the clerk 128shall transfer the moneys collected pursuant to this paragraph 129as follows: 130 1. An amount of $7.50 to the Department of Revenue for 131deposit in the Displaced Homemaker Trust Fund. 132 2. An amount of $25 to the Department of Revenue for 133deposit in the General Revenue Fund. 134 (2) Upon receipt of a final judgment of dissolution of 135marriage or dissolution of domestic partnership for filing, and 136in addition to the filing charges in s. 28.241, the clerk may 137collect and receive a service charge of up to $10.50 pursuant to 138s. 382.023 for the recording and reporting the of such final 139judgment of dissolution of marriage to the Department of Health. 140 Section 2. Subsection (23) of section 28.24, Florida 141Statutes, is amended to read: 142 28.24 Service charges by clerk of the circuit court.-The 143clerk of the circuit court shall charge for services rendered by 144the clerk's office in recording documents and instruments and in 145performing the duties enumerated in amounts not to exceed those 146specified in this section. Notwithstanding any other provision 147of this section, the clerk of the circuit court shall provide 148without charge to the state attorney, public defender, guardian 149ad litem, public guardian, attorney ad litem, criminal conflict 150and civil regional counsel, and private court-appointed counsel 151paid by the state, and to the authorized staff acting on behalf 152of each, access to and a copy of any public record, if the 153requesting party is entitled by law to view the exempt or 154confidential record, as maintained by and in the custody of the 155clerk of the circuit court as provided in general law and the 156Florida Rules of Judicial Administration. The clerk of the 157circuit court may provide the requested public record in an 158electronic format in lieu of a paper format when capable of 159being accessed by the requesting entity. 160 161Charges 162 163 (23) Upon receipt of an application for a marriage license 164or a declaration of domestic partnership, for preparing and 165administering of oath; issuing, sealing, and recording of the 166marriage license or registering the domestic partnership; and 167providing a certified copy 30.00 168 Section 3. Subsection (2) of section 97.1031, Florida 169Statutes, is amended to read: 170 97.1031 Notice of change of residence, change of name, or 171change of party affiliation.- 172 (2) When an elector moves from the address named on that 173person's voter registration record to another address in a 174different county but within the state, the elector seeks to 175change party affiliation, or the name of an elector is changed 176by marriage, domestic partnership, or other legal process, the 177elector shall provide notice of such change to a voter 178registration official using a voter registration application 179signed by the elector. A voter information card reflecting the 180new information shall be issued to the elector as provided in 181subsection (3). 182 Section 4. Section 220.121, Florida Statutes, is created 183to read: 184 220.121 Application to domestic partnerships.-This chapter 185applies to partners in a domestic partnership, as defined in s. 186741.502, and surviving partners as if federal income tax law 187recognized a domestic partnership in the same manner as state 188law. 189 Section 5. Present subsections (6) through (16) of section 190382.002, Florida Statutes, are renumbered as subsections (7) 191through (17), respectively, a new subsection (6) is added to 192that section, and present subsections (7), (8), and (15) of that 193section are amended, to read: 194 382.002 Definitions.-As used in this chapter, the term: 195 (6) "Dissolution of domestic partnership" includes an 196annulment of domestic partnership. 197 (8)(7) "Final disposition" means the burial, interment, 198cremation, removal from the state, or other authorized 199disposition of a dead body or a fetus as described in subsection 200(7) (6). In the case of cremation, dispersion of ashes or 201cremation residue is considered to occur after final 202disposition; the cremation itself is considered final 203disposition. 204 (9)(8) "Funeral director" means a licensed funeral 205director or direct disposer licensed pursuant to chapter 497 or 206other person who first assumes custody of or effects the final 207disposition of a dead body or a fetus as described in subsection 208(7) (6). 209 (16)(15) "Vital records" or "records" means certificates 210or reports of birth, death, fetal death, marriage, domestic 211partnership, dissolution of marriage or domestic partnership, 212name change filed pursuant to s. 68.07, and data related 213thereto. 214 Section 6. Subsection (7) of section 382.003, Florida 215Statutes, is amended to read: 216 382.003 Powers and duties of the department.-The 217department shall: 218 (7) Approve all forms used in registering, recording, 219certifying, and preserving vital records, or in otherwise 220carrying out the purposes of this chapter, and no other forms 221may not shall be used other than those approved by the 222department. The department is responsible for the careful 223examination of the certificates received monthly from the local 224registrars and marriage certificates, certificates of domestic 225partnership, and dissolution of marriage and domestic 226partnership reports received from the circuit and county courts. 227A certificate that is complete and satisfactory shall be 228accepted and given a state file number and considered a state- 229filed record. If any such certificates are incomplete or 230unsatisfactory, the department shall require further information 231to be supplied as may be necessary to make the record complete 232and satisfactory. All physicians, midwives, informants, or 233funeral directors, and all other persons having knowledge of the 234facts, are required to supply, upon a form approved by the 235department or upon the original certificate, such information as 236they may possess regarding any vital record. 237 Section 7. Subsection (9) of section 382.0085, Florida 238Statutes, is amended to read: 239 382.0085 Stillbirth registration.- 240 (9) This section or s. 382.002(15) s. 382.002(14) may not 241be used to establish, bring, or support a civil cause of action 242seeking damages against any person or entity for bodily injury, 243personal injury, or wrongful death for a stillbirth. 244 Section 8. Section 382.021, Florida Statutes, is amended 245to read: 246 382.021 Department to receive marriage licenses and 247declarations of domestic partnership.-On or before the 5th day 248of each month, the county court judge or clerk of the circuit 249court shall transmit to the department all original marriage 250licenses, with endorsements, and all declarations of domestic 251partnership received during the preceding calendar month, to the 252department. Any marriage licenses or declarations of domestic 253partnership issued and not returned, or any marriage licenses 254returned but not recorded, shall be reported by the issuing 255county court judge or clerk of the circuit court to the 256department at the time of transmitting the recorded licenses or 257declarations on the forms to be prescribed and furnished by the 258department. If during any month no marriage licenses or 259declarations of domestic partnership are issued or returned, the 260county court judge or clerk of the circuit court shall report 261such fact to the department upon forms prescribed and furnished 262by the department. 263 Section 9. Section 382.022, Florida Statutes, is amended 264to read: 265 382.022 Marriage application; registration of domestic 266partnership; fees.-Upon the receipt of each application for the 267issuance of a marriage license or registering a domestic 268partnership, the county court judge or clerk of the circuit 269court shall, pursuant to s. 741.02, collect and receive a fee of 270$4 which shall be remitted to the Department of Revenue for 271deposit to the Department of Health to defray part of the cost 272of maintaining marriage and domestic partnership records. 273 Section 10. Section 382.023, Florida Statutes, is amended 274to read: 275 382.023 Department to receive dissolution-of-marriage and 276dissolution-of-domestic-partnership records; fees.-Clerks of the 277circuit courts shall collect for their services At the time of 278the filing of a final judgment of dissolution of marriage or 279dissolution of domestic partnership, the clerk of the circuit 280court shall collect a fee of up to $10.50, of which 43 percent 281shall be retained by the clerk of the circuit court as a part of 282the cost in the cause in which the judgment is granted. The 283remaining 57 percent shall be remitted to the Department of 284Revenue for deposit to the Department of Health to defray part 285of the cost of maintaining the dissolution-of-marriage and 286dissolution-of-domestic-partnership records. A record of each 287and every judgment of dissolution of marriage and dissolution of 288domestic partnership granted by the court during the preceding 289calendar month, giving names of parties and such other data as 290required by forms prescribed by the department, shall be 291transmitted to the department, on or before the 10th day of each 292month, along with an accounting of the funds remitted to the 293Department of Revenue pursuant to this section. 294 Section 11. Paragraph (a) of subsection (1) and paragraphs 295(a) and (c) of subsection (2) of section 382.025, Florida 296Statutes, are amended to read: 297 382.025 Certified copies of vital records; 298confidentiality; research.- 299 (1) BIRTH RECORDS.-Except for birth records over 100 years 300old which are not under seal pursuant to court order, all birth 301records of this state shall be confidential and are exempt from 302the provisions of s. 119.07(1). 303 (a) Certified copies of the original birth certificate or 304a new or amended certificate, or affidavits thereof, are 305confidential and exempt from the provisions of s. 119.07(1) and, 306upon receipt of a request and payment of the fee prescribed in 307s. 382.0255, shall be issued only as authorized by the 308department and in the form prescribed by the department, and 309only: 310 1. To the registrant, if of legal age; 311 2. To the registrant's parent or guardian or other legal 312representative; 313 3. Upon receipt of the registrant's death certificate, to 314the registrant's spouse or domestic partner or to the 315registrant's child, grandchild, or sibling, if of legal age, or 316to the legal representative of any of such persons; 317 4. To any person if the birth record is over 100 years old 318and not under seal pursuant to court order; 319 5. To a law enforcement agency for official purposes; 320 6. To any agency of the state or the United States for 321official purposes upon approval of the department; or 322 7. Upon order of any court of competent jurisdiction. 323 (2) OTHER RECORDS.- 324 (a) The department shall authorize the issuance of a 325certified copy of all or part of any marriage, domestic 326partnership, dissolution of marriage or domestic partnership, or 327death or fetal death certificate, excluding that portion which 328is confidential and exempt from the provisions of s. 119.07(1) 329as provided under s. 382.008, to any person requesting it upon 330receipt of a request and payment of the fee prescribed by this 331section. A certification of the death or fetal death certificate 332which includes the confidential portions shall be issued only: 333 1. To the registrant's spouse, domestic partner, or 334parent, or to the registrant's child, grandchild, or sibling, if 335of legal age, or to any person who provides a will that has been 336executed pursuant to s. 732.502, insurance policy, or other 337document that demonstrates his or her interest in the estate of 338the registrant, or to any person who provides documentation that 339he or she is acting on behalf of any of them; 340 2. To any agency of the state or local government or the 341United States for official purposes upon approval of the 342department; or 343 3. Upon order of any court of competent jurisdiction. 344 (c) The department shall issue, upon request and upon 345payment of an additional fee prescribed by this section, a 346commemorative marriage license or certificate of domestic 347partnership representing that the marriage or domestic 348partnership of the persons named thereon is recorded in the 349office of the registrar. The certificate issued under this 350paragraph must shall be in a form consistent with the need to 351protect the integrity of vital records but must shall be 352suitable for display. It may bear the seal of the state printed 353thereon and may be signed by the Governor. 354 Section 12. Paragraph (i) of subsection (1) of section 355382.0255, Florida Statutes, is amended to read: 356 382.0255 Fees.- 357 (1) The department is entitled to fees, as follows: 358 (i) Twenty-five dollars for a commemorative certificate of 359birth, or marriage, or domestic partnership. Fees collected 360pursuant to this paragraph in excess of expenses shall be used 361available for use by the Regional Perinatal Intensive Care 362Centers (RPICC) Program to prevent child abuse and neglect. 363Funds derived from the issuance of commemorative marriage 364certificates shall be used available for use by the Improved 365Pregnancy Outcome Program. 366 Section 13. Paragraph (b) of subsection (5) of section 367446.50, Florida Statutes, is amended to read: 368 446.50 Displaced homemakers; multiservice programs; report 369to the Legislature; Displaced Homemaker Trust Fund created.- 370 (5) DISPLACED HOMEMAKER TRUST FUND.- 371 (b) The trust fund shall receive funds generated from an 372additional fee on marriage license applications, declarations of 373domestic partnerships, and dissolution of marriage and domestic 374partnership filings as specified in ss. 741.01(3), 741.509, and 37528.101, respectively, and may receive funds from any other 376public or private source. 377 Section 14. Subsection (3) of section 741.28, Florida 378Statutes, is amended to read: 379 741.28 Domestic violence; definitions.-As used in ss. 380741.28-741.31: 381 (3) "Family or household member" means spouses;, former 382spouses;, persons related by blood, or marriage, or domestic 383partnership; persons who are presently residing together as if a 384family or who have resided together in the past as if a family;, 385and persons who are parents of a child in common regardless of 386whether they have been married. With the exception of persons 387who have a child in common, the family or household members must 388be currently residing or have in the past resided together in 389the same single dwelling unit. 390 Section 15. Section 741.501, Florida Statutes, is created 391to read: 392 741.501 Legislative findings.-The Legislature finds that: 393 (1) There are a significant number of individuals in this 394state who live together in important, personal, emotional, and 395economically committed relationships. Together, these 396individuals live, serve, and participate in the community, and 397often rear children and care for family members. 398 (2) These familial relationships, often referred to as 399domestic partnerships, assist the state by providing a private 400network of support for the financial, physical, and emotional 401health of their participants. 402 (3) The state has a strong interest in promoting stable 403and lasting families, and believes that all families should be 404provided with the opportunity to obtain necessary legal 405protections and status and the ability to achieve their fullest 406potential. 407 (4) While some public and private institutions recognize 408domestic partnerships for limited purposes such as health 409benefits, hospital visitation, and medical decisionmaking for an 410incapacitated family member, many do not. Historically, legal 411recognition of marriage by the state is the primary and, in a 412number of instances, the exclusive source of numerous rights, 413benefits, and responsibilities available to families under the 414laws of this state. 415 (5) The status of marriage in this state is limited by 416Art. I of the State Constitution to the union of one man and one 417woman and the Legislature does not seek to alter the definition 418of marriage in any way. The Legislature also finds, however, 419that recognition of domestic partnerships can provide an 420alternative mechanism for extending certain important rights and 421responsibilities to individuals who choose to form long-term, 422mutually supportive relationships. Such recognition will provide 423support to these familial relationships without affecting the 424definition of marriage, without creating or recognizing a legal 425relationship that is the substantial equivalent of marriage, and 426without affecting restrictions contained in federal law. 427 (6) The decision to offer or seek a ceremony or blessing 428over the domestic partnership should be left to the dictates of 429each religious faith and to the preferences of the persons 430entering into the partnership. Sections 741.501-741.510 do not 431require performance of any solemnization ceremony to enter into 432a binding domestic partnership agreement and do not interfere 433with the right of each religious faith to choose freely to whom 434to grant the religious status, sacrament, or blessing of 435marriage under the rules and practices of that faith. 436 (7) Because of the material and other support that these 437familial relationships provide to their participants, these 438relationships should be formally recognized and made uniform by 439law. Therefore, the Legislature declares that it is the policy 440of this state to establish and define the rights and 441responsibilities of domestic partners. 442 Section 16. Section 741.502, Florida Statutes, is created 443to read: 444 741.502 Definitions.-As used in ss. 741.501-741.510, the 445term: 446 (1) "Department" means the Department of Health. 447 (2) "Domestic partnership" means a civil contract entered 448into between two individuals who are 18 years of age or older 449and otherwise capable, of which at least one of whom is a 450resident of this state. 451 (3) "Partner" means an individual joined in a domestic 452partnership. 453 Section 17. Section 741.503, Florida Statutes, is created 454to read: 455 741.503 Forms.- 456 (1) Pursuant to s. 382.003(7), the department shall 457prepare forms entitled: 458 (a) "Declaration of Domestic Partnership" which meets the 459requirements of s. 741.505. 460 (b) "Certificate of Registered Domestic Partnership." 461 (2) The department shall distribute the Declaration of 462Domestic Partnership and Certificate of Registered Domestic 463Partnership forms to each clerk of the circuit court. The 464department and each clerk shall make the Declaration of Domestic 465Partnership form available to the public. 466 Section 18. Section 741.504, Florida Statutes, is created 467to read: 468 741.504 Court jurisdiction and duties; registry.- 469 (1) The circuit court has jurisdiction over any proceeding 470relating to the domestic partners' rights and obligations, 471including a petition for the dissolution or annulment of the 472domestic partnership. 473 (2) Each clerk of the circuit court shall maintain a 474registry of all domestic partnerships entered into in that 475circuit and a record of all certificates of domestic partnership 476issued which includes the names of the partners and the date of 477issuance. 478 (3) Notwithstanding s. 382.025 or any other law, the 479registry of domestic partnerships maintained by a clerk of the 480circuit court is a public record and subject to full disclosure. 481 Section 19. Section 741.505, Florida Statutes, is created 482to read: 483 741.505 Domestic partnership requirements.- 484 (1) Two individuals wishing to become partners in a 485domestic partnership recognized by this state must complete and 486file a Declaration of Domestic Partnership form with a clerk of 487the circuit court. The declaration must include: 488 (a) A statement attesting that each individual is 18 years 489of age or older and is otherwise capable of entering into a 490domestic partnership. The clerk may accept any reasonable proof 491of an individual's age which is satisfactory to the clerk. The 492clerk may also require proof of age by affidavit of some 493individual other than the parties seeking to file the form if 494the clerk deems it necessary. 495 (b) A statement attesting that at least one of the 496individuals is a resident of this state. 497 (c) Each individual's mailing address. 498 (d) A statement attesting that each individual consents to 499the jurisdiction of the circuit courts of this state for the 500purpose of an action to obtain a judgment of dissolution or 501annulment of the domestic partnership or for legal separation of 502the partners, or for any other proceeding relating to the 503partners' rights and obligations, even if one or both partners 504cease to reside or maintain a domicile in this state. 505 (e) The notarized signature of each individual, along with 506a declaration that the representations made on the form are 507true, correct, and contain no material omissions of fact to the 508best knowledge and belief of the each individual. 509 (2) Notwithstanding s. 61.021, each person signing a 510Declaration of Domestic Partnership form consents to the 511jurisdiction of the circuit courts of this state for the purpose 512of an action to obtain a judgment of dissolution or annulment of 513the domestic partnership, for legal separation of the partners 514in the domestic partnership, or for any other proceeding related 515to the partners' rights and obligations, even if one or both 516partners cease to reside or maintain a domicile in this state. 517 (3) A person who provides intentionally and materially 518false information on a Declaration of Domestic Partnership form 519with the clerk of court commits a misdemeanor of the first 520degree, punishable as provided in s. 775.082 or s. 775.083. 521 (4) If all legal requirements have been satisfied and 522there appears to be no impediment to the domestic partnership, 523the clerk of the circuit court shall: 524 (a) Return a copy of the registered form to the partners; 525 (b) Register the Declaration of Domestic Partnership in a 526domestic partnership registry; and 527 (c) Issue a Certificate of Registered Domestic Partnership 528under his or her hand and seal to the partners in person or at 529the mailing address provided by the partners. 530 Section 20. Section 741.506, Florida Statutes, is created 531to read: 532 741.506 Domestic partnership; name change.-Upon entering 533into a domestic partnership, a partner may retain his or her 534previous surname, or, if changed, may resume the previous legal 535name during the domestic partnership. 536 Section 21. Section 741.507, Florida Statutes, is created 537to read: 538 741.507 Domestic partnership; rights and responsibilities; 539relationship to federal law.- 540 (1) Any privilege, immunity, right, or benefit granted by 541statute, administrative or court rule, policy, common law, or 542any other law to an individual because the individual is or was 543related to another individual by marriage as an in-law is 544granted on equivalent terms, substantive and procedural, to an 545individual who is or was in a domestic partnership or who is or 546was similarly related as an in-law to an individual 547participating in a domestic partnership. 548 (2) Any responsibility imposed by statute, administrative 549or court rule, policy, common law, or any other law on an 550individual because the individual is or was related to another 551individual by marriage as an in-law is imposed on equivalent 552terms, substantive and procedural, on an individual who is or 553was in a domestic partnership or who is or was similarly related 554as an in-law to an individual participating in a domestic 555partnership. 556 (3) Any privilege, immunity, right, benefit, or 557responsibility granted to or imposed by statute, administrative 558or court rule, policy, common law, or any other law on a spouse 559with respect to a child of either of the spouses is granted to 560or imposed on equivalent terms, substantive and procedural, on 561an individual in a domestic partnership with respect to a child 562of either of the partners. 563 (4) Any privilege, immunity, right, benefit, or 564responsibility granted or imposed by statute, administrative or 565court rule, policy, common law, or any other law to or on a 566former or surviving spouse with respect to a child of either of 567the spouses is granted to or imposed on equivalent terms, 568substantive and procedural, on a former or surviving partner 569with respect to a child of either of the partners. 570 (5) For purposes of administering the tax laws of this 571state, partners in a domestic partnership, surviving partners in 572a domestic partnership, and the children of partners in a 573domestic partnership have the same privileges, immunities, 574rights, benefits, and responsibilities as are granted to or 575imposed on spouses in a marriage, surviving spouses, and their 576children. 577 (6) Many of the laws of this state are intertwined with 578federal law, and the Legislature recognizes that it does not 579have the jurisdiction to control or implement federal laws or 580the privileges, immunities, rights, benefits, and 581responsibilities related to federal laws. 582 (7) Sections 741.502-741.510 do not require or permit the 583extension of any benefit under any retirement, deferred 584compensation, or other employee benefit plan, if the plan 585administrator reasonably concludes that the extension of 586benefits would conflict with a condition for the tax 587qualification of the plan, or a condition for other favorable 588tax treatment of the plan, under the Internal Revenue Code or 589adopted regulations. 590 (8) Sections 741.502-741.510 do not require the extension 591of any benefit under any employee benefit plan that is subject 592to federal regulation under the Employee Retirement Income 593Security Act of 1974. 594 Section 22. Section 741.508, Florida Statutes, is created 595to read: 596 741.508 Domestic partnerships prohibited and void.- 597 (1) The following domestic partnerships are prohibited and 598void: 599 (a) If either party to the domestic partnership currently 600has a different partner, or a wife or husband recognized by this 601state, living at the time of entering into the domestic 602partnership. 603 (b) If the parties to the domestic partnership are related 604by lineal consanguinity or are siblings, or if one party is the 605niece or nephew of the other party. 606 (c) If either party to a domestic partnership is incapable 607of making the civil contract or consenting to the contract for 608want of legal age or sufficient understanding. 609 (2) If the consent of either party is obtained by force or 610fraud, the domestic partnership is void from the time it is so 611declared by a judgment of a court having jurisdiction of the 612domestic partnership. 613 (3) An individual who has filed a Declaration of Domestic 614Partnership form may not file a new Declaration of Domestic 615Partnership form or enter a marriage recognized in this state 616with someone other than the individual's registered partner 617unless a judgment of dissolution or annulment of the most recent 618domestic partnership has been entered. This prohibition does not 619apply if the previous domestic partnership ended because one of 620the partners died. 621 Section 23. Section 741.509, Florida Statutes, is created 622to read: 623 741.509 Fees.- 624 (1) The clerk of the circuit court shall collect and 625receive a fee of $2 for receiving a Declaration of Domestic 626Partnership form completed in accordance with s. 741.505. In 627addition: 628 (a) A fee of $25 shall be collected and deposited in the 629Domestic Violence Trust Fund for the purposes provided in s. 630741.01(2). 631 (b) A fee of $7.50 shall be collected for deposit in the 632Displaced Homemaker Trust Fund created in s. 446.50. 633 (c) A fee of $25 shall be collected and remitted to the 634Department of Revenue for deposit, monthly, into the General 635Revenue Fund. 636 (d) A fee of $4 shall be collected and distributed as 637provided in s. 382.022. 638 (2) An applicant for a Certificate of Registered Domestic 639Partnership who is unable to pay the fees required under 640subsection (1) in a lump sum may make payment in not more than 641three installments over a period of 90 days. The clerk shall 642accept installment payments upon receipt of an affidavit that 643the applicant is unable to pay the fees in a lump-sum payment. 644Upon receipt of the third or final installment payment, the 645Declaration of Domestic Partnership shall be deemed filed, and 646the clerk shall issue the Certificate of Registered Domestic 647Partnership and distribute the fees as appropriate. If the fee 648is paid in installments, the clerk shall retain $1 from the 649additional fee imposed pursuant to paragraph (1)(c) as a 650processing fee. 651 Section 24. Section 741.510, Florida Statutes, is created 652to read: 653 741.510 Proof domestic partnership where certificate is 654not available.-If a Declaration of Domestic Partnership has been 655received in accordance with s. 741.505 and the clerk has not 656registered such declaration as required by that section, if a 657Certificate of Registered Domestic Partnership has been lost, or 658if by reason of death or other cause the certificate cannot be 659obtained, the domestic partnership may be proved by affidavit 660before any officer authorized to administer oaths made by two 661competent witnesses who were present and saw the Declaration of 662Domestic Partnership executed under s. 741.505, which affidavit 663may be filed and recorded in the office of clerk of the circuit 664in which the Declaration of Domestic Partnership was registered, 665with the same force and effect as if the proper certificate has 666been made, returned, and recorded. 667 Section 25. For the purpose of incorporating the amendment 668made by this act to section 741.28, Florida Statutes, in a 669reference thereto, paragraph (b) of subsection (1) of section 670921.0024, Florida Statutes, is reenacted to read: 671 921.0024 Criminal Punishment Code; worksheet computations; 672scoresheets.- 673 (1) 674(b) WORKSHEET KEY: 675 676Legal status points are assessed when any form of legal status 677existed at the time the offender committed an offense before the 678court for sentencing. Four (4) sentence points are assessed for 679an offender's legal status. 680 681Community sanction violation points are assessed when a 682community sanction violation is before the court for sentencing. 683Six (6) sentence points are assessed for each community sanction 684violation and each successive community sanction violation, 685unless any of the following apply: 686 1. If the community sanction violation includes a new 687felony conviction before the sentencing court, twelve (12) 688community sanction violation points are assessed for the 689violation, and for each successive community sanction violation 690involving a new felony conviction. 691 2. If the community sanction violation is committed by a 692violent felony offender of special concern as defined in s. 693948.06: 694 a. Twelve (12) community sanction violation points are 695assessed for the violation and for each successive violation of 696felony probation or community control where: 697 (I) The violation does not include a new felony 698conviction; and 699 (II) The community sanction violation is not based solely 700on the probationer or offender's failure to pay costs or fines 701or make restitution payments. 702 b. Twenty-four (24) community sanction violation points 703are assessed for the violation and for each successive violation 704of felony probation or community control where the violation 705includes a new felony conviction. 706 707Multiple counts of community sanction violations before the 708sentencing court shall not be a basis for multiplying the 709assessment of community sanction violation points. 710 711Prior serious felony points: If the offender has a primary 712offense or any additional offense ranked in level 8, level 9, or 713level 10, and one or more prior serious felonies, a single 714assessment of thirty (30) points shall be added. For purposes of 715this section, a prior serious felony is an offense in the 716offender's prior record that is ranked in level 8, level 9, or 717level 10 under s. 921.0022 or s. 921.0023 and for which the 718offender is serving a sentence of confinement, supervision, or 719other sanction or for which the offender's date of release from 720confinement, supervision, or other sanction, whichever is later, 721is within 3 years before the date the primary offense or any 722additional offense was committed. 723 724Prior capital felony points: If the offender has one or more 725prior capital felonies in the offender's criminal record, points 726shall be added to the subtotal sentence points of the offender 727equal to twice the number of points the offender receives for 728the primary offense and any additional offense. A prior capital 729felony in the offender's criminal record is a previous capital 730felony offense for which the offender has entered a plea of nolo 731contendere or guilty or has been found guilty; or a felony in 732another jurisdiction which is a capital felony in that 733jurisdiction, or would be a capital felony if the offense were 734committed in this state. 735 736Possession of a firearm, semiautomatic firearm, or machine gun: 737If the offender is convicted of committing or attempting to 738commit any felony other than those enumerated in s. 775.087(2) 739while having in his or her possession: a firearm as defined in 740s. 790.001(6), an additional eighteen (18) sentence points are 741assessed; or if the offender is convicted of committing or 742attempting to commit any felony other than those enumerated in 743s. 775.087(3) while having in his or her possession a 744semiautomatic firearm as defined in s. 775.087(3) or a machine 745gun as defined in s. 790.001(9), an additional twenty-five (25) 746sentence points are assessed. 747 748Sentencing multipliers: 749 750Drug trafficking: If the primary offense is drug trafficking 751under s. 893.135, the subtotal sentence points are multiplied, 752at the discretion of the court, for a level 7 or level 8 753offense, by 1.5. The state attorney may move the sentencing 754court to reduce or suspend the sentence of a person convicted of 755a level 7 or level 8 offense, if the offender provides 756substantial assistance as described in s. 893.135(4). 757 758Law enforcement protection: If the primary offense is a 759violation of the Law Enforcement Protection Act under s. 760775.0823(2), (3), or (4), the subtotal sentence points are 761multiplied by 2.5. If the primary offense is a violation of s. 762775.0823(5), (6), (7), (8), or (9), the subtotal sentence points 763are multiplied by 2.0. If the primary offense is a violation of 764s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement 765Protection Act under s. 775.0823(10) or (11), the subtotal 766sentence points are multiplied by 1.5. 767 768Grand theft of a motor vehicle: If the primary offense is grand 769theft of the third degree involving a motor vehicle and in the 770offender's prior record, there are three or more grand thefts of 771the third degree involving a motor vehicle, the subtotal 772sentence points are multiplied by 1.5. 773 774Offense related to a criminal gang: If the offender is convicted 775of the primary offense and committed that offense for the 776purpose of benefiting, promoting, or furthering the interests of 777a criminal gang as prohibited under s. 874.04, the subtotal 778sentence points are multiplied by 1.5. 779 780Domestic violence in the presence of a child: If the offender is 781convicted of the primary offense and the primary offense is a 782crime of domestic violence, as defined in s. 741.28, which was 783committed in the presence of a child under 16 years of age who 784is a family or household member as defined in s. 741.28(3) with 785the victim or perpetrator, the subtotal sentence points are 786multiplied by 1.5. 787 Section 26. For the purpose of incorporating the amendment 788made by this act to section 741.28, Florida Statutes, in a 789reference thereto, paragraph (b) of subsection (2) of section 790943.171, Florida Statutes, is reenacted to read: 791 943.171 Basic skills training in handling domestic 792violence cases.- 793 (2) As used in this section, the term: 794 (b) "Household member" has the meaning set forth in s. 795741.28(3). 796 Section 27. This act shall take effect July 1, 2010. CODING: Words stricken are deletions; words underlined are additions.